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Pages 17-19

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From page 17...
... 17 powers granted to its governor by its emergency management act "provides another statutory scheme whereby the State may legally commandeer private property for use or to take the same for emergency or disaster response, subject to the right of the owner to be compensated."143 Although all states are constitutionally obligated to provide due process, some states have chosen to make the state's obligation statutorily explicit and have included provisions on due process and compensation within the laws related to protecting public health. Illinois, for example, states that "owners of places that are ordered to be closed and made off limits to the public, shall be given a written notice of such order," to include: "(1)
From page 18...
... 18 area, the movement of persons within the area and the occupancy of premises therein."150 Other states provide more explicitly for the governor's ability to control transit during a declared state of emergency. Missouri states that the governor has the power to "seize, take or requisition to the extent necessary […]
From page 19...
... 19 paid. An additional concern, however, may be that state employees are asked to fill other roles.

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